“The Customer” shall refer to the person, organisation, company or other entity who enters into an agreement (paid or otherwise) with Ben Gamblin for the provision of services resulting in the production of an audio recording.
“The Production” or “Productions” shall refer to the audio files indicated as final high quality files supplied to The Client at the conclusion of a voice over or other audio production commission. For the avoidance of doubt, this does not include any evaluation or sample audio files.
“The Service” shall refer to the act of creating The Production, including all discussions with The Customer.
This licence shall apply to The Production and is in effect from the delivery of the same.
Where monies are due for the creation and provision of The Production, they are to be settled as per the payment terms set out in the Terms and Conditions. Where due monies are not settled, except in the case of the initial invoicing period or any other grace period granted in writing, The Customer is not permitted to use The Production for any purpose.
Notwithstanding the above, The Customer is granted a perpetual, royalty-free licence to The Production, with the following conditions:
The Production may be used on radio broadcasts (e.g., FM, AM, digital broadcasting, online broadcasting), except in the following cases:
- Audio purchased through the Five Pound Voiceover Service;
- Where limited by restrictions in non-voiceover elements, for example, licensing restrictions in backing music;
- Where otherwise restricted as agreed at the commencement of or during The Service.
Regardless of whether or not The Production is issued on a broadcast basis, unless otherwise agreed in writing, Ben Gamblin retains the right to use The Production (whole or in part) either as-is or as part of larger audio and/or video productions for portfolio, demonstration and/or advertisement purposes on the internet or physical media. This right shall apply worldwide, be retained perpetually and with no obligation to The Customer. Where a waiver of this right is agreed, a surcharge will be applicable.
Where The Production is supplied with backing music sourced by Ben Gamblin, that music may only be used as supplied. Music may not be used independently of the The Production unless The Customer has the agreement of the music supplier/owner. The Customer does not have any claims of exclusivity over the music used. The Customer does not have any claims of ownership over the music. Backing music licensing may restrict broadcast usage and where this is the case, The Customer must not use The Production in a broadcast environment.
Ben Gamblin retains the right to be identified as the voice featured in The Production and the producer of the The Production. The Customer may only make a claim to being the producer of a larger work.
Unless otherwise agreed, The Customer is not permitted to re-sell The Production as supplied although The Production may feature as part of a larger work which may be sold. The terms of this licence accompany the larger work and shall apply to any buyer in turn.
The Customer may not edit The Production so as to change its meaning from what was originally recorded, except where agreed by Ben Gamblin in writing.
The Customer may not use The Production in any way that may be detrimental to Ben Gamblin or any affiliate person, organisation or company.